Studium Generele KALABAHU 2023

• Tim Multimedia Fakultas Hukum
• 17 Dec, 2023
• Berita
• 111

Universitas Atma Jaya Yogyakarta hosted the Studium Generale, Kalabahu 2023, organized by the Legal Aid Center (PBKH) in collaboration with the Indonesian Legal Aid Foundation (LBH Yogyakarta). The event took place from December 6 to 12, 2023. The first agenda of Kalabahu was done on Tuesday (06/12), with the theme "Strengthening the Structural Legal Aid Movement" and the title "Galang Unity Rakyat, Lawan Legalisme Otokrasi". Moreover, B. Hengky, Chair of PBKH FH UAJY, Asfinawati, Chair of YLBHI 2017-2021, and Made Supriatma, ISEAS Researcher, were the speakers of the agenda.

Departing from the topic of autocratic legalism, Mr. Made Supriatma considers that in Joko Widodo's regime, there is flexibility in discourse, in spite of the fact that, from certain viewpoints, it has different inconsistencies.  For example, Tempo Magazine, frequently makes sensationalized magazine covers with satirical looks at the authorities, such as equating President Jokowi with Pinocchio, for which Tempo Magazine still produces the articles. Bocor Alus's YouTube channel also produces various interview content discussing issues that are critical of the government. However, Mr. Made stated that some things distinguish critical content, namely, criticism as entertainment and criticism with political motives, in which political content-charged criticism tends to be targeted by buzzers.

Mr. Made considers that the government includes a total instrument by mobilizing buzzers greatly for its political interface. These days, government control is very likely to intercede in nearly all state institutions in Indonesia to maintain the dignity of its power. This is a phenomenon in which the legitimacy of authorization in Indonesia is developing exceptionally well to cloud the duties of bureaucracy and Indonesian democracy that ought to be carried out.

Mr. Made also stated that police reform is needed, seeing the system and structure in the police institution have a very crucial role and tend to display the impression of irony on the values embraced by the institution as a state institution that is in favor of the people. Mr. Made said the reason for police damage lies in the laws governing traffic since many individuals reap benefits. The legal politics can be analyzed by the existence of articles in the law and the economic implications obtained by the Republic of Indonesia Police in attracting public funds through unreasonable regulations. The practice and implementation of the article carried out by police officers are considered deviant, seeing that the implications of the article are just a target to get funds from the public through ticketing, and the personal interests of police officers.

One of the participants, named Felix asked about the root of the problem at the police institution. The answer delivered by Mr. Made, explains that the root of the police problem was created by its organizational structure, similar to the military. The national police force is not wrong, but it becomes a problem when the police have a lot of power. Police are law enforcement officers aside from the prosecutor's office in terms of interrogation, which is usually based on torture to get the accused to confess, which the practice can be found in Common Law System States, such as the United States of America. The confession of the defendant was invalid since it was based on torture, and the case could be dismissed. Being based on torture makes the police act arbitrarily as law enforcement officers. “Power always has a material basis, and police don't have a business, but they have other sectors, namely, traffic, and shooting driver's licenses. The regulation is an economic source, there is always an event for them to make it difficult for you to live, this is the rottenness of our country," as Made stated.

In response to the problem-solving to address the issue, Mr. Made stated that the root of the problem is the economic source, which must be cut from the traffic sector and the method must be settled. Confessions obtained through torture and bribery cannot be substantial. The police structure only takes care of crime and should be under the auspices of the Ministry of Home Affairs. Brimob is an infantry force and should be under the auspices of the TNI. Made also added that demonstrations should not carry weapons, and the most important thing is how this authority will not be misused.

The main duty of the state is to maintain security and order. The police law "corrupts", as written in the law must be able to become a function. Made concluded that the authority of the police in Indonesia can make people suspects, moreover, the PNBP police had the highest number of cases (ticket fines). The polemic of the law governing traffic must be revised.

While examining the legality of authority, Asfinawatu brings up Article 33 (3), which states that the earth's water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people. Asfinawatu mentioned that this article needs to be reviewed because it has urgency whether it is oriented towards the prosperity of the people or to companies disguised in slogans. As an example, in the Rempang case, there was also a case of customary land because their culture and traditions were destroyed in the name of the National Strategic Project, which was never regulated by law.

In her opinion, Asfinawati said that the state has any right to make laws, but people can have different views regarding the laws made by the state. While talking about democracy, it will not function if the legality of autocracy has absolute power and continues to be fertilized by the rulers from time to time. Social and political infrastructure becomes oppression that can affect the lives of the population in terms of social, cultural, and economic aspects.

The Chairman of PBKHI, Mr. Hengky also mentioned that the autocratic legalism in the Wadas case was absolute and so severe. Taxation with representation of the people is allowed, but taxation with the rule of law without representation of the people is robbery. Moreover, Mr. Hengky also mentioned that Autocratic legalism is acute, and not common in Indonesia

Reviewing the conflict in Wadas, Mr. Hengky Widhi A, S.H., M.H., mentioned that Perpres directed the law for land acquisition, but the governor issued a decree based on the Perpres "Development of national vital objects." The decree can be void by law, canceled, or considered never to be valid. This means that the cancellation of the decree related to the "Development of national vital objects" can be canceled, or null and void.